Total UDS in apartment project Vs Project extant area Total UDS in apartment project Vs Project extant area

9 months ago

Builder in his own land of 1 Acre (43560 Sq. ft) made RERA approved 15 storey tower with 90 apartments project. The builder conveys UDS to the apartment buyers through sale deeds.
In fact, the builder registered deeds (UDS 800 Sq. ft) in its favour by mentioning an unapproved one unit of Apartment no. but in the place, the community hall only available in one of the floors. That 800 sq. ft is excess of 43650 sq. ft.
Whether the total 90 apartment sale deeds UDS conveyed by the builder can exceed 43650 sq. ft?
If yes it can, how much excess UDS, the builder can convey?
If it cannot, How to deal with the excess conveyed UDS?

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
When an apartment is purchased a certain value of the land will also be allocated in the name of the buyer. This portion is called as ‘Undivided Share of Land’ (UDS). It is a part of the plot given to the owner of the flat in an apartment complex on which the entire structure is built. UDS is defined as the buyer's share in the total land area. When you purchase a property you not only get the flat where you are going to live but also your proportionate share in the land. UDS is the ratio of the size of one apartment to the total built-up area of all the apartments. The apartment owners collectively own the land on which the apartment building stands. To find out the UDS mathematically, Individual apartments are divided by the sum of the entire apartment multiplied by the total land area. In case the result of said calculation is disputed the figure of UDS conveyed by the Builder, then bring the matter to the notice of RERA for appropriate relief and resolution in this regard.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...